This case has been cited 2 times or more.
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2015-07-27 |
PERALTA, J. |
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| In Vincoy v. Court of Appeals,[10] which is closely analogous to the present case, the private complainant therein initially filed a complaint with the Office of the City Prosecutor of Pasay City, but said office dismissed the complaint. Private complainant then re-filed the complaint with the Office of the City Prosecutor of Pasig City. The Office of the Prosecutor of Pasig City found probable cause and filed the Information against the accused therein. In said case, the Court categorically held that:The dismissal of a similar complaint x x x filed by [private complainant] before the City Prosecutor's Office of Pasay City will not exculpate the petitioner. The case cannot bar petitioner's prosecution. It is settled that the dismissal of a case during its preliminary investigation does not constitute double jeopardy since a preliminary investigation is not part of the trial and is not the occasion for the full and exhaustive display of the parties' evidence but only such as may engender a well-grounded belief that an offense has been committed and accused is probably guilty thereof. For this reason, it cannot be considered equivalent to a judicial pronouncement of acquittal.[11] | |||||
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2007-12-04 |
CARPIO MORALES, J. |
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| But even if petitioner's argument were to be expanded to contemplate "res judicata in prison grey"[16] or the criminal law concept of double jeopardy, this Court still finds it inapplicable to bar the reinvestigation conducted by the Office of the Ombudsman. For the dismissal of a case during preliminary investigation does not constitute double jeopardy, preliminary investigation not being part of the trial.[17] | |||||